In Stan Koch & Sons Trucking, Inc. v. Great West Cas. Co., 2008 WL 516537 (C.A.8 (Minn.), 2008), the insured, Stan Koch & Sons Trucking, Inc. ("Koch"), brought a declaratory judgment action against its excess liability insurer, Great West Risk Management, Inc.("Great West"), seeking a determination that Great West accepted coverage for a fatal motor vehicle accident not covered by the policy, that it breached its fiduciary duty to Koch by settling a personal injury claim arising from the accident, and that Koch was not obligated to pay Great West under the policy's retention endorsement.
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